Legal Question in Landlord & Tenant Law in Illinois

My former girlfriend and I purchased a vehicle on her credit card then separated shortly thereafter. We came up with a written agreement that I pay her a minimum of $150 a month until the balance was resolved and I have been paying as agreed. Recently she asked for the amount in full or she was taking me to court. I have no possible way to pay the amount in full in and am curious if she has any basis to go off of since I've upheld my end of the agreement. One note - I lost my copy of the agreement. Also she moved out of a house we were both on the lease 6 months early in the lease she moved out 5/09 and the lease ended 10/09 would I have any basis on taking her to court for unpaid rent?? thats the only way I can think to get her the money for the truck.


Asked on 3/24/10, 8:10 am

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

If she takes you to court demanding full payment you will have to defend yourself by denying the charge and stating that there is an agreement in place. Part of the problem is that you don;t have the agreement. If you have held up your end of the bargain you can prove the existence of an agreement by course of conduct (your regular payments and her lack of protest). I would also recommend that your file a counter claim for the unpaid rent. If you do not file the claim for the rent as a counter claim you could lose the ability to pursue reimbursement later. My recommendation would be to have an attorney respond, in writing, to her demands.

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Answered on 4/01/10, 8:30 am


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